Staley v. Weston

Citations

• 92 Kan. 317
• 140 P. 878
• 1914 Kan. LEXIS 224

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tripartite Agreement — Disposition of Net Proceeds of Crops —Accounting. K. agreed to deliver to W. in Kansas City the crops which he had raised upon a farm as tenant of C., who was entitled to one-half of the crops. K., W. and C. entered into a contract in which it was agreed that W. was to receive and sell the crops and pay over one-half of the net proceeds to S., a creditor of C. - In this suit of S. against W., upon the contract, the conclusion of the district court that in arriving at the net proceeds W. should not be allowed to deduct from the amount received from sales the sums paid to K. for hauling the products of the farm to the city is sustained.</p> <p>2. Contract — Promise of One Party for Benefit of Another. The plaintiff S., for whose benefit the promise above referred to whs made, may maintain ah action therefor, although not a 'party to the contract.</p> <p>3. Reference — Acquiescence—Objection too Late. A question relating to an order of reference, and rulings upon evidence, are examined without finding error therein.</p>